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INSPIRA HEALTH APPLICATION TERMS OF USE

PLEASE READ THESE PARTICIPANT TERMS AND CONDITIONS OF USE ("TERMS OF USE") CAREFULLY BEFORE USING THE IHN APPLICATION ("IHNA") OFFERED BY INSPIRA HEALTH AND ITS CONTRACTORS, INCLUDING INTRAPRISE SOLUTIONS, INC. (COLLECTIVELY "INSPIRA HEALTH"). YOUR AFFIRMATIVE ACT OF USING AND/OR REGISTERING FOR THE SERVICES CONSTITUTES YOUR CONSENT TO ENTER INTO AGREEMENTS WITH INSPIRA HEALTH ELECTRONICALLY AND YOUR AGREEMENT TO THESE TERMS OF USE. THESE TERMS OF USE SET FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR ("YOU" OR "YOUR") USE OF IHNA AND ANY OTHER FEATURES, CONTENT, OR PUBLICATIONS OFFERED FROM TIME TO TIME BY INSPIRA HEALTH IN CONNECTION THEREWITH (COLLECTIVELY, THE "SERVICE"). IHNA IS INTENDED FOR USE ONLY BY PATIENTS, CUSTOMERS OR BUSINESS PARTNERS OF INSPIRA HEALTH; PHYSICIANS, PHYSICIAN ASSISTANTS, NURSE PRACTITIONERS AND NURSES (COLLECTIVELY, "CLINICIANS"); AND BY HOSPITAL MANAGERS, MANAGERS OF HOSPITAL AFFILIATES, AND THEIR RESPECTIVE AGENTS. CLINICIANS, HOSPITAL MANAGERS, MANAGERS OF HOSPITAL AFFILIATES, AND THEIR RESPECTIVE AGENTS ARE COLLECTIVELY REFERRED TO HEREINAFTER AS "QUALIFIED USERS". BY USING IHNA, YOU AGREE TO BE BOUND BY THE TERMS OF USE AS IN EFFECT FROM TIME TO TIME WITH RESPECT TO IHNA.  

IHNA is not meant to serve as the sole means of communication between you and other Qualified Users but rather in conjunction with Inspira Health's website, Customer Relation Management systems, call center, other aspects of its web presence and services systems and other standard methods of communication. User understands that this is not a monitoring system but a personal data collection and accountability tool. 

1.        ACCEPTANCE OF TERMS 

IHNA is offered subject to acceptance without modification of all of the Terms of Use and all other operating rules, policies and procedures that may be published from time to time on IHNA by Inspira Health. In addition, some services offered through IHNA may be subject to additional terms and conditions promulgated by Inspira Health from time to time; your use of such services is subject to those additional terms and conditions, which are incorporated into these Terms of Use by this reference. 

You represent and warrant that (a) you are a customer, patient, business partner, physician, physician assistant, nurse practitioner, nurse, manager of a hospital, manager of a hospital affiliate or an agent of the foregoing, (b) all registration information you submit is accurate and truthful, (c) your use of IHNA does not and will not violate any applicable legal requirement or professional or ethical standard, and (d) in the case of Clinicians, you or your practice have reasonable and customary levels of malpractice and related liability insurance coverage for patient referral and other patient treatment situations. Inspira Health may, in its sole discretion, refuse to offer IHNA to any person and change its eligibility criteria at any time. 

2.        REGISTRATION 

If you are using an aspect of the application which requires login, you will be required to register and use your user ID and a password chosen by you (collectively, your "IHNA Access ID"). You agree to provide IHNA with accurate, complete, and updated registration information. Inspira Health reserves the right to refuse registration of, or cancel, a IHNA Access ID in its sole discretion. You are solely responsible for all activity that occurs under your IHNA Access ID and shall be responsible for maintaining the confidentiality of your password(s). You agree to never use another Qualified User's account or allow any third party to use yours. You will immediately notify Inspira Health in writing of any unauthorized use of your account, or other account related security breach of which you are aware. You grant Inspira Health, and all other persons or entities involved in the operation of IHNA, the right to transmit, monitor, retrieve, store, and use your IHNA Access ID and related registration and information, including usage information, in connection with the necessary operation of IHNA. You agree to use IHNA solely for communications related to the intended purposes of the application and solely in accordance with all applicable policies and instructions, including these terms of use, as it relates to serving and treating patients and/or other activities directly related to IHN's business and operations. 

3.        Inspira Health "CONTENT" 

The term "Content" includes, without limitation, any tools, services, videos, audio clips, written comments, information, data, text, photographs, software, works of authorship, graphics, and interactive features generated, provided, or otherwise made accessible by Inspira Health, its content providers, or third parties through IHNA. 

You agree that IHNA contains Content specifically provided by Inspira Health or its providers, and that as between you and Inspira Health such Content is the property of Inspira Health and/or its providers and is protected under U.S. and international intellectual property laws, including copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by all copyright notices, information, and restrictions contained in any such Content. You shall not sell, license, sublicense, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, create derivative works from, display in frames, link to, or otherwise commercially exploit any Content or third party submissions or other proprietary rights not owned by you, (i) without the express written consent of the respective owners or other valid right, or (ii) in any way that violates any third party right. You may not print or download Content. 

Inspira Health reserves the right to remove any Content from IHNA at any time, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if Inspira Health is concerned that there has been a violation of the Terms of Use). 

The Service may contain links to other independent third-party Web sites ("Linked Sites"). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under Inspira Health's control, and Inspira Health is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites. 

4.        PARTICIPANT SUBMISSIONS 

IHNA may provide you with the ability to upload, submit, post, disclose, distribute or otherwise transmit (hereafter, "posting") content, videos, audio clips, written comments, information, data, text, photographs, software, works of authorship, graphics and other information to IHNA ("User Submissions"). You will be solely liable for any postings from your account by means of the IHNA, and agree that Inspira Health (i) has no control over the content of any User Submission and (ii) will not be liable for such User Submissions. You represent and warrant that you own or otherwise control all rights, and have all necessary patient consents, to post such User Submissions and that disclosure and use of such User Submissions by Inspira Health (including without limitation, publishing content on IHNA) will not infringe or violate the rights of any third party, including without limitation any privacy, publicity, contract or other rights of any person or entity. 

In addition: 

You shall not post any User Submissions that contain misleading, false, or inappropriate language or statements. You are responsible for confirming the accuracy and compliance with any applicable legal requirement or professional or ethical standard, including all HIPAA rule requirements, of any information contained in postings from your account by means of the IHNA. 

Inspira Health does not endorse any User Submissions. Inspira Health has the right, but not the obligation, to monitor IHNA, Service, Content, or User Submissions. Inspira Health may remove any User Submission at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such User Submission). Inspira Health will consider requests to remove User Submissions on a case-by-case basis once it has been contacted by a Qualified User, subject to Section 17, if applicable.  

Under no circumstances will Inspira Health be liable in any way for any User Submissions, including, but not limited to, any errors or omissions in any User Submissions, or any loss or damage of any kind incurred in connection with use of or exposure to any User Submissions posted, emailed, accessed, transmitted or otherwise made available via IHNA.  

You agree not to permit any other person to have access to your IHNA. 

You understand and agree that you have no expectation of privacy with regard to any and all communications that you send via IHNA. Inspira Health will have access to, and may utilize, your communications the purposes set forth herein or other reasonable business purposes. 

5.        RULES AND CONDUCT 

YOU AGREE TO IMMEDIATELY NOTIFY INSPIRA HEALTH IF YOUR MOBILE DEVICE IS OR MAY BE LOST, STOLEN OR MATERIALLY COMPROMISED. YOU WILL USE A PIN TO SECURE YOUR MOBILE DEVICE AGAINST UNAUTHORIZED ACCESS AT ALL TIMES UNTIL YOUR ACCOUNT HAS BEEN TERMINATED. As a condition of use, you promise not to use IHNA for any purpose that is prohibited by law, and by the Terms of Use. You are responsible for all of your activity in connection with IHNA. 

By way of example, and not as a limitation, you shall not (and shall not permit any third party to) either (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any content or communications on or through IHNA, that: 

fails to comply with any applicable legal requirement or professional or ethical standard; 

infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity; 

is threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of or fails to respect another's privacy, tortious, obscene, offensive, or profane; 

constitutes unauthorized or unsolicited advertising, junk or bulk e-mail ("spamming"); 

involves commercial activities and/or sales without Inspira Health's prior written consent; 

contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of Inspira Health or any third party; or 

impersonates any person or entity, including any employee or representative of Inspira Health. 

Additionally, you shall not: (i) take any action that imposes or may impose (as determined by Inspira Health in its sole discretion) an unreasonable or disproportionately large load on Inspira Health's (or its third party providers') infrastructure; (ii) interfere or attempt to interfere with the proper working of IHNA or any activities conducted on IHNA; (iii) bypass any measures Inspira Health may use to prevent or restrict access to IHNA (or other accounts, computer systems or networks connected to IHNA); (iv) run any form of auto-responder or "spam" on IHNA; or (v) use manual or automated software, devices, or other processes to "deep-link", "page-scrape", "robot", "crawl" or "spider" any page of the IHNA or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Service or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Service or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Service. Inspira Health reserves the right to bar any such activity.  

You shall not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of IHNA, except to the limited extent applicable laws specifically prohibit such restriction, (ii) modify, translate, or otherwise create derivative works of any part of IHNA, or (iii) copy, rent, lease, distribute, or otherwise transfer any or all of the rights that you receive hereunder.  

You may not attempt to gain unauthorized access to any portion or feature of the Service, or any other systems or networks connected to the Service or to any Inspira Health server, or to any of the services offered on or through the Service, by hacking, password "mining" or any other illegitimate means. 

You may not probe, scan or test the vulnerability of the Service or any network connected to the Service, nor breach the security or authentication measures on the Service or any network connected to the Service. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Service, or any other customer of Inspira Health, including any Inspira Health account not owned by you, to its source, or exploit the Service or any service or information made available or offered by or through the Service, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Service. 

You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Service or any transaction being conducted on the Service, or with any other person's use of the Service. 

You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Inspira Health on or through the Service or any service offered on or through the Service. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity. 

You may not use the Service or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Inspira Health or others. 

6.        PRIVACY 

The purpose of our privacy policy is to identify information we may collect about you, describe the uses we may make of your information and the security measures we take to protect it, and describe your options for controlling your personally identifiable information. Inspira Health's current IHNA privacy statement is available upon request, and is incorporated into these Terms of Use. For inquiries in regard to the Privacy Policy, or to report a perceived privacy related problem, please contact us at the address specified in Section 17. 

7.        TERMINATION 

Inspira Health may terminate your access to all or any part of IHNA at any time, with or without cause, with or without notice, which may result in the forfeiture and destruction of all information associated with your use of IHNA. You are responsible for developing and maintaining procedures to protect your information. If you wish to terminate your account, you may do so by contacting Inspira Health. All provisions of the Terms of Use, which by their nature should survive termination, shall survive termination of your account, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability. All licenses granted by Inspira Health under this Terms of Use shall be revoked as of the termination of IHNA service to you. 

8.        MEDICAL DISCLAIMER 

USER UNDERSTANDS THAT THIS IS NOT A MONITORING SYSTEM BUT A PERSONAL DATA COLLECTION AND ACCOUNTABILITY TOOL. 

YOU ASSUME FULL RESPONSIBILITY FOR ANY USE OF THE CONTENT AND INFORMATION ACCESSIBLE VIA IHNA AS WELL AS ANY USER SUBMISSIONS, AND AGREE THAT INSPIRA HEALTH, ITS PARTNERS, ASSOCIATES, AND ANY OTHER PROVIDERS OF CONTENT ARE NOT RESPONSIBLE OR LIABLE FOR ANY CLAIM, LOSS, OR DAMAGE ARISING FROM (I) THE USE OF THE CONTENT, USER SUBMISSION AND/OR OTHER INFORMATION, (II) YOUR FAILURE OR THAT OF ANY OTHER QUALIFIED USER TO COMPLY WITH ANY APPLICABLE LEGAL REQUIREMENT OR PROFESSIONAL OR ETHICAL STANDARD. NO PROFESSIONAL FEE HAS BEEN CHARGED BY OR PAID TO INSPIRA HEALTH AND INSPIRA HEALTH DOES NOT RECOMMEND OR ENDORSE ANY SPECIFIC DRUGS, TESTS, PHYSICIANS, PRODUCTS, PROCEDURES, OPINIONS, "OFF-LABEL" DRUG USES, OR OTHER INFORMATION THAT MAY BE MENTIONED ON IHNA. 

THE CONTENT, INCLUDING ANY MEDICALLY-RELATED INFORMATION, IS FOR INFORMATIONAL PURPOSES ONLY. PLEASE CONFIRM ALL CONTENT WITH OTHER SOURCES AND WITH YOUR PHYSICIAN AND PROFESSIONAL HEALTH CARE PROVIDERS. INSPIRA HEALTHDOES NOT WARRANT OR GUARANTEE ANY TREATMENT, THERAPY, MEDICATION, DEVICE, DIAGNOSIS, ACTION, RECOMMENDATION, OR STRATEGY OF ANY AUTHOR OR OTHER PERSON AVAILABLE THROUGH THE SERVICES. 

THE CONTENT IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS OR TREATMENT. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL ADVICE FROM A QUALIFIED HEALTHCARE PROVIDER BECAUSE OF SOMETHING YOU MAY HAVE READ THROUGH THE SERVICES. DO NOT USE THE SERVICES FOR EMERGENCY MEDICAL NEEDS. IF YOU EXPERIENCE A MEDICAL EMERGENCY, IMMEDIATELY CALL A HEALTH CARE PROFESSIONAL AND 911. 

9.        PATIENT INFORMATION 

It is your sole responsibility to comply with any and all applicable legal requirements, as well as institutional, professional and ethical guidelines with respect to patient confidentiality. You are, at all times during the term of this Terms of Use and thereafter, solely responsible for obtaining and maintaining all patient consents, if applicable, and all other legally necessary consents or permissions required or advisable to disclose, process, retrieve, transmit, and view patient data. INSPIRA HEALTH CANNOT AND DOES NOT ASSUME ANY RESPONSIBILITY FOR THE USE OR MISUSE OF PATIENT DATA OR OTHER INFORMATION TRANSMITTED, MONITORED, STORED, OR RECEIVED BY THE QUALIFIED USER WHILE USING IHNA.  

10.        GENERAL DISCLAIMERS 

You acknowledge that Inspira Health has no control over, and no duty to take any action regarding which Qualified Users gain access to the IHNA. Inspira Health does not control what Content you access via the IHNA; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. Inspira Health makes no representations concerning any Content contained in or accessed through the IHNA, and Inspira Health will not be responsible or liable for the accuracy, copyright compliance, legality or decency of third-party material contained in or accessed through IHNA. 

IHNA (INCLUDING, WITHOUT LIMITATION, ANY CONTENT) IS PROVIDED "AS IS" AND "AS AVAILABLE" AND IS WITHOUT WARRANTY OF ANY KIND, AND TO THE FULLEST EXTENT PERMITTED BY LAW, INSPIRA HEALTH HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WHETHER ORAL OR WRITTEN, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. WITHOUT LIMITING THE FOREGOING, INSPIRA HEALTH AND ITS EQUITY HOLDERS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (A) IHNA WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) THE SERVICE WILL BE ERROR-FREE OR ANY DEFECTS OR ERRORS CAN OR WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH IHNA IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING IHNA WILL MEET YOUR REQUIREMENTS.  

11.        INDEMNIFICATION 

You agree to defend, indemnify, and hold harmless Inspira Health, its affiliates and each of their respective equity holders, employees, contractors, directors, agents, partners, suppliers, participants, Content providers and representatives from all liabilities, claims, and expenses, including reasonable attorneys' fees, that arise from or relate to (i) your use of IHNA, Content and/or any User Submissions (including your own) and any use, misuse, loss or theft or destruction of any device by which you have used IHNA, (ii) your relationship with a patient, (iii) your violation of the Terms of Use, or (iv) infringement or violation by you, or any third party using your account, of any intellectual property or other right of any person or entity (including any right of privacy). Inspira Health reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you agree to assist and cooperate with Inspira Health in asserting any available defenses. 

12.        LIMITATION OF LIABILITY 

EXCEPT IN THE CASE OF INSPIRA HEALTH'S GROSS NEGLIGENCE, BAD FAITH OR WILLFUL MISCONDUCT, IN NO EVENT SHALL INSPIRA HEALTH, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE EQUITY HOLDERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, PARTICIPANTS, OR CONTENT PROVIDERS, BE LIABLE TO YOU UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO IHNA (INCLUDING, WITHOUT LIMITATION, ANY CONTENT) (I) FOR ANY LOST PROFITS, INTERRUPTION OF SERVICE, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), (III) FOR YOUR RELIANCE ON IHNA, AND/OR (IV) EXCEPT TO THE LIMITED EXTENT OTHERWISE REQUIRED BY APPLICABLE LAW, FOR ANY DIRECT DAMAGES IN EXCESS OF (a) FEES PAID PER USER DURING THE PRECEDING TWELVE MONTHS, OR (b) IN THE EVENT NO FEES WERE PAID OR REQUIRED, $1000.  EXCEPT AS PROVIDED IMMEDIATELY ABOVE, YOUR ONLY REMEDY IS TO STOP USING IHNA. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. 

13.        INTERNATIONAL USE 

Inspira Health makes no representation that IHNA is appropriate or available for use in locations outside of the United States, and accessing IHNA is prohibited from territories where such Service is illegal. If you access IHNA from other locations, you do so at your own initiative and are responsible for compliance with local laws. 

14.        DISPUTE RESOLUTION 

A printed version of the Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You and Inspira Health agree that any cause of action arising out of or related to IHNA brought by you or on your behalf must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. 

The Terms of Use shall be governed by and construed in accordance with the laws of the State of New Jersey, excluding its conflicts of law rules, and the United States of America. Inspira Health may seek injunctive or similar equitable relief at any time from any court of competent jurisdiction. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys' fees. In the event of any controversy or dispute between Inspira Health and you arising out of or in connection with your use of the Service, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law. 

15.        INTEGRATION AND SEVERABILITY 

The Terms of Use are the entire agreement between you and Inspira Health with respect to IHNA and use of the IHNA, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and Inspira Healthwith respect to IHNA. If any provision of the Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms of Use will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. 

16.        MISCELLANEOUS 

Inspira Health shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Inspira Health's reasonable control including by way of example delay caused by others, lack of cooperation or lack of participation of other persons or entities, labor disputes, strikes, acts of nature, floods, fire, lightning, utility, internet, telecommunications or communications failures, earthquakes, vandalism, war, acts of terrorism, riots, insurrections, embargoes, or laws, regulations or orders of any governmental entity. The Terms of Use are personal to you, and are not assignable, transferable or sub-licensable by you except with Inspira Health's prior written consent. Inspira Health may assign, transfer or delegate any of its rights and obligations hereunder without consent. Many of the provisions of these Terms of Use are for the benefit not only of Inspira Health. No agency, partnership, joint venture, or employment relationship is created as a result of the Terms of Use and neither party has any authority of any kind to bind the other in any respect. In any action or proceeding to enforce rights under the Terms of Use, the prevailing party will be entitled to recover costs and attorneys' fees. Inspira Health may deliver notice to you under this Terms of Use by means of electronic message to the address/number you provided Inspira Health in registration or by written communication delivered by U.S. mail or courier to your address on record with Inspira Health. You may give notice to Inspira Health at any time via secure electronic text message to Inspira Health or by letter delivered by first class postage prepaid U.S. mail or overnight courier to the address specified in Section 17. 

This Terms of Use will be binding upon and inure to the benefit of the heirs, successors, and permitted assignees of the parties.  Failure to exercise or delay in exercising any right hereunder, or failure to insist upon or enforce strict performance of any provision of this Terms of Use shall not be considered a waiver thereof, which can only be made by signed writing.  No single waiver shall be considered a continuing or permanent waiver. 

17.        DIGITAL MILLENNIUM COPYRIGHT ACT NOTICE 

The address of Inspira Health's Designated Agent to Receive Notification of Claimed Infringement ("Designated Agent") is listed at the end of this policy. References in this Section 17 to "Content" include User Submissions.

It is Inspira Health's policy to (1) block access to or remove Content that it believes in good faith may be copyrighted material that may have been illegally copied and distributed by any Qualified User, affiliate, entity licensee of IHNA, or Content provider, and (2) remove and discontinue service to repeat offenders.

A. Procedure for Reporting Copyright Infringements: 

If you believe that Content residing on or accessible through IHNA infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent listed below:

A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;

Identification of works or materials being infringed;

Identification of the Content that is claimed to be infringing including information regarding the location of the Content that the copyright owner seeks to have removed, with sufficient detail so that Inspira Health is capable of finding and verifying its existence;

Contact information about the notifier including address, telephone number and, if available, e-mail address;

A statement that the notifier has a good faith belief that the Content is not authorized by the copyright owner, its agent, or the law; and a statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.

B. Once Proper Bona Fide Infringement Notification is received by the Designated Agent:

It is Inspira Health's policy:

To remove or disable access to the infringing Content; 

To notify the Content provider that it has removed or disabled access to the Content; and 

That repeat offenders will have the infringing Content removed from the system and, if applicable, that Inspira Health will terminate such offender's access to IHNA. 

C. Procedure to Supply a Counter-Notice to the Designated Agent: 

If the Content provider believes that the Content that was removed or to which access was disabled is either not infringing, or the Content provider believes that it has the right to post and use such Content from the copyright owner, the copyright owner's agent, or pursuant to the law, the Content provider may send a counter-notice containing the following information to the Designated Agent listed below: 

A physical or electronic signature of the Content provider; 

Identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled; 

A statement that the Content provider has a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content; and 

Content provider's name, address, telephone number, and, if available, e-mail address and a statement that such person or entity consents to the jurisdiction of the state or federal Court for the judicial district in which the Content provider's address is located, or if the Content provider's address is located outside the United States, for any judicial district in which Inspira Health is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement. 

If a counter-notice is received by the Designated Agent, Inspira Health may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Inspira Health's discretion. 

Please contact Inspira Health's Designated Agent to Receive Notification of Claimed Infringement: 

You may contact the Privacy Office at: 

Joe Piccolo, Privacy Officer 

Inspira Health  

2950 College Drive 

Suite 1E 

Vineland, NJ 08360 

Phone: (856) 641-8617 

Fax: (856) 641-8641 

e-mail: piccoloj@ihn.org 

18.        APP UPDATES

Inspira Health may from time to time, in its sole discretion, develop and provide updates for Apps, which may include upgrades, bug fixes, patches and other error corrections and/or new features (collectively, "Updates"). Updates may also modify or delete in their entirety certain features and functionality. You agree that Inspira Health has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality.

Based on your mobile device settings, when your mobile device is connected to the Internet, then either: (a) the Updates will automatically download and install; or (b) you may receive notice of or be prompted to download and install available Updates.

Please promptly download and install all Updates. If you do not, portions of the Services may not properly operate. You further agree that all Updates will be deemed part of the Services and subject to all terms and conditions of these Terms.

 

19.        MODIFICATIONS

Inspira Health reserves the right, at its sole discretion, to modify or replace any of the Terms of Use, or change, suspend, limit or discontinue IHNA (including without limitation, the availability of any feature, database, or content) at any time. Except in instances in which Inspira Health has reserved the right to take any of the foregoing actions without notice, Inspira Health may notify you of such action by posting a notice on IHNA or by sending you an electronic message. It is your responsibility to check the Terms of Use periodically for changes. Your continued use of IHNA following posting of any changes to the Terms of Use constitutes acceptance of those changes.

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